BPC [2015] NSWCATGD 34
The Tribunal revoked the financial management order because the evidence was unanimous that Mr BPC had regained the capacity to manage his financial affairs, including successfully managing his pension for more than a year, completing budgeting work, paying bills, having no debts, saving money, complying with treatment, no longer misusing drugs and alcohol, maintaining support services, and having a plan for his savings.
- Jurisdiction
- Australia
- Judgment Date
- 08 September 2015
- Procedural Posture
- Application for Review of Financial Management Order / Guardianship Division Hearing and Decision
- Outcome
- Financial management order revoked.
- Legal Topics
- ['revocation of Financial Management Order' 'capacity to Manage Financial Affairs' 'best Interests of Protected Person']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Review of Financial Management Order / Guardianship Division Hearing and Decision
Legal Issues
- 1 ['Whether Mr BPC is capable of managing his affairs.' 'Whether it is in the best interests of Mr BPC that the financial management order be revoked.']
Ratio Decidendi
The Tribunal revoked the financial management order because the evidence was unanimous that Mr BPC had regained the capacity to manage his financial affairs, including successfully managing his pension for more than a year, completing budgeting work, paying bills, having no debts, saving money, complying with treatment, no longer misusing drugs and alcohol, maintaining support services, and having a plan for his savings.
Court Disposition
Financial management order revoked.
Orders
- ['The financial management order made on 1 July 2008 in relation to Mr BPC is revoked.']
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